Approval and Limited Approval and Limited Disapproval of California Air Plan Revisions; San Diego County Air Pollution Control District; Stationary Source Permits, 29377-29381 [2020-09734]

Download as PDF Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Proposed Rules with maintenance of the 2010 1-hour SO2 NAAQS in any other state: (1) The combination of low ambient concentrations of SO2 in Oregon and neighboring states and the downward trend in monitored concentrations; (2) our conclusions from our qualitative analysis of the identified sources of SO2 emissions; (3) the downward trend in SO2 emissions from Oregon sources; (4) available modeling information for specific SO2 point sources in Oregon; and (5) SIP-approved controls that limit SO2 emissions from current and future sources. The EPA proposes, based on the information available at the time of this rulemaking, that these factors, taken together, support the EPA’s proposed determination that Oregon will not interfere with maintenance of the 2010 1-hour SO2 NAAQS in any other state. In addition, 2017 SO2 emissions for Oregon’s sources emitting over 100 tons of SO2 within 50 km of another state are at distances that make it unlikely that these SO2 emissions could interact with SO2 emissions from the neighboring states’ sources in such a way as to contribute significantly to nonattainment in neighboring states. Finally, the downward trends in SO2 emissions and relatively low DVs for air quality monitors in Oregon and neighboring states, combined with federal regulations and SIP-approved regulations affecting SO2 emissions of Oregon’s sources, further support the EPA’s proposed conclusion. Therefore, we are proposing to approve the Oregon SIP as meeting CAA section 110(a)(2)(D)(i)(I) prong 2 for purposes of the 2010 1-hour SO2 NAAQS. jbell on DSKJLSW7X2PROD with PROPOSALS IV. Proposed Action The EPA is proposing to approve the October 20, 2015, Oregon SIP submission as meeting the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2010 1-hour SO2 NAAQS. The EPA is proposing this approval based on our review of the information and analysis provided by Oregon in the State’s submission, as well as additional relevant information, which indicates that in-State air emissions will not contribute significantly to nonattainment or interfere with maintenance of the 2010 1-hour SO2 NAAQS in any other state. This action is being taken under section 110 of the CAA. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). VerDate Sep<11>2014 16:25 May 14, 2020 Jkt 250001 Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because it does not involve technical standards; and • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The proposed SIP would not be approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 29377 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate Matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 7, 2020. Christopher Hladick, Regional Administrator, Region 10. [FR Doc. 2020–10228 Filed 5–14–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2019–0449; FRL–10008– 59–Region 9] Approval and Limited Approval and Limited Disapproval of California Air Plan Revisions; San Diego County Air Pollution Control District; Stationary Source Permits Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing action on four permitting rules submitted as a revision to the San Diego County Air Pollution Control District (SDAPCD or ‘‘District’’) portion of the California State Implementation Plan (SIP). We are proposing a limited approval and limited disapproval of one rule and proposing approval of the remaining three rules. These revisions concern the District’s New Source Review (NSR) permitting program for new and modified sources of air pollution under section 110(a)(2)(C) and part D of title I of the Clean Air Act (CAA). This action updates the SDAPCD’s applicable SIP with revised rules that the District has amended to address deficiencies identified in a previous conditional approval action. We are taking comments on this proposal and plan to follow with a final action. DATES: Comments must be received on or before June 15, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2019–0449 at https:// www.regulations.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish SUMMARY: E:\FR\FM\15MYP1.SGM 15MYP1 29378 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Proposed Rules any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. I. The State’s Submittal FOR FURTHER INFORMATION CONTACT: Table 1 lists the rules addressed by this proposal with the dates when they were adopted by the SDAPCD and submitted by the California Air Resources Board (CARB), which is the governor’s designee for California SIP submittals. These rules constitute part of the SDAPCD’s current program for preconstruction review and permitting of new or modified stationary sources under its jurisdiction. The rule revisions that are the subject of this action represent an update to the SDAPCD’s preconstruction review and permitting program and are intended to satisfy the requirements under part D of title I of the Act (‘‘nonattainment NSR’’ or ‘‘NNSR’’) as well as the general preconstruction review requirements under section 110(a)(2)(C) of the Act (‘‘minor NSR’’). A. What rules did the State submit? Sheila Tsai, EPA Region IX, Air–3–1, 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972–3328 or by email at Tsai.Ya-Ting@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. The State’s Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rule revisions? II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. Proposed action and public comment III. Incorporation by Reference IV. Statutory and Executive Order Reviews TABLE 1—SUBMITTED RULES Rule No. Rule title 20.1 ................... 20.2 * ................. 20.3 * ................. 20.4 * ................. New New New New Source Source Source Source Adopted date Review—General Provisions ................................................................... Review—Non-Major Stationary Sources ................................................. Review—Major Stationary Sources and PSD Stationary Sources ......... Review—Portable Emission Units ........................................................... 06/26/2019 06/26/2019 06/26/2019 06/26/2019 Submitted date 07/19/2019 07/19/2019 07/19/2019 07/19/2019 * The following paragraphs of the Rules 20.2–20.4 were not submitted to the EPA for inclusion in the San Diego SIP: Rule 20.2 paragraphs (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); Rule 20.3 paragraphs (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4 paragraphs (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5). On August 6, 2019, the EPA determined that the submittal of the revised Rules 20.1, 20.2, 20.3, and 20.4 meets the completeness criteria in 40 CFR part 51 appendix V, which must be met before formal EPA review. B. Are there other versions of these rules? The EPA conditionally approved Rules 20.1–20.4 into the SDAPCD portion of the California SIP in 2018, based on the District’s commitment to adopt and submit revisions to address identified deficiencies within one year, consistent with the requirements at CAA section 110(k)(4) for conditional approval. 83 FR 50007 (October 4, 2018). That action also included a conditional approval of Rule 20.6, and a full approval of Rules 11, 20, and 24. The conditionally approved versions of Rules 20.1–20.4 are identified below in Table 2. TABLE 2—SIP APPROVED RULES Rule No. jbell on DSKJLSW7X2PROD with PROPOSALS 20.1 20.2 20.3 20.4 Rule title ................... ................... ................... ................... New New New New Source Source Source Source Review—General Provisions ................................................................... Review—Non-Major Stationary Sources ................................................. Review—Major Stationary Sources and PSD Stationary Sources ......... Review—Portable Emission Units ........................................................... If the EPA finalizes the action proposed herein, these rules will be replaced in the SIP by the submitted set of rules listed in Table 1. Additionally, as described below, the EPA’s final approval of Rules 20.1–20.4 will resolve our conditional approval of Rule 20.6. VerDate Sep<11>2014 16:25 May 14, 2020 SIP approval date Jkt 250001 C. What is the purpose of the submitted rule revisions? As noted above and described in further detail below, the submitted rules are intended to satisfy aspects of the minor NSR and NNSR requirements of section 110(a)(2)(C) and part D of title I of the Act, and related EPA regulations. Minor NSR requirements are generally applicable for SIPs in all areas, while PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 10/4/2018 10/4/2018 10/4/2018 10/4/2018 Federal Register Citation 83 83 83 83 FR FR FR FR 50007 50007 50007 50007 NNSR requirements apply only for areas designated as nonattainment for one or more National Ambient Air Quality Standards (NAAQS). San Diego County is classified as a serious nonattainment area for the 2008 ozone standard and a moderate nonattainment area for the 2015 8-hour ozone standard. San Diego County is designated attainment or unclassifiable for all other NAAQS. See 40 CFR 81.305. Therefore, in addition to E:\FR\FM\15MYP1.SGM 15MYP1 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Proposed Rules being subject to the requirements for minor NSR at section 110(a)(2)(C) of the Act, California is required to adopt and implement a SIP-approved NNSR permitting program that applies to new or modified major stationary sources of ozone and ozone precursors within the San Diego County nonattainment area, under part D of title I of the Act. These rules were submitted to address deficiencies identified in the EPA’s 2018 action to approve and conditionally approve updates to the SDAPCD’s SIP-approved NSR permitting program. See 83 FR 50007 (October 4, 2018). Additionally, the rules have been revised to include NOX and VOC applicability thresholds and offset ratios applicable to severe and extreme ozone nonattainment areas, and to incorporate federal requirements for interprecursor offsetting that were added in the EPA’s Implementation Rule for the 2015 Ozone NAAQS. See 83 FR 62998 (December 6, 2018). jbell on DSKJLSW7X2PROD with PROPOSALS II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rules? The EPA evaluated the submitted rules to determine whether they address the deficiencies identified in our 2018 conditional approval, and for compliance with applicable requirements of section 110(a)(2)(C) and part D of title I of the CAA and associated regulations at 40 CFR 51.160–165, consistent with the District’s current classification as a serious nonattainment area for the 2008 ozone standard and a moderate nonattainment area for the 2015 8-hour ozone standard. We have also reviewed the rules for consistency with other CAA general requirements for SIP submittals, including requirements at section 110(a)(2) regarding rule enforceability, and requirements at sections 110(l) and 193 for SIP revisions. Section 110(a)(2)(C) of the Act requires each SIP to include a program to regulate the modification and construction of any stationary source within the areas covered by the SIP as necessary to assure attainment and maintenance of the NAAQS. The EPA’s regulations at 40 CFR 51.160–51.164 provide general programmatic requirements to implement this statutory mandate. These requirements, commonly referred to as the ‘‘minor NSR’’ or ‘‘general NSR’’ program, apply to both major and non-major stationary sources and modifications and in both attainment and nonattainment areas, in contrast to the specific statutory and regulatory requirements for the prevention of significant deterioration VerDate Sep<11>2014 16:25 May 14, 2020 Jkt 250001 (PSD) 1 and NNSR permitting programs under parts C and D of title I of the Act that apply to major sources in attainment and nonattainment areas, respectively. Part D of title I of the Act, and the implementing regulations at 40 CFR 51.165, contain the NNSR program requirements for major stationary sources and major modifications (as those terms are defined at 40 CFR 51.165) at facilities that are located in a nonattainment area and are major sources for the pollutants for which the area has been designated nonattainment. Section 110(a)(2)(A) of the Act requires that regulations submitted to the EPA for SIP approval must be clear and legally enforceable. Section 110(l) of the Act prohibits the EPA from approving any SIP revisions that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. Section 193 of the Act prohibits the modification of a SIP-approved control requirement in effect before November 15, 1990 in a nonattainment area, unless the modification ensures equivalent or greater emission reductions of the relevant pollutant(s). With respect to procedures, CAA sections 110(a) and 110(l) require that a state conduct reasonable notice and hearing before adopting a SIP revision. B. Do the rules meet the evaluation criteria? With the exception noted below, the EPA finds that the submitted rules generally satisfy the applicable CAA and regulatory requirements. Accordingly, we are proposing a full approval of Rules 20.2–20.4 and a limited approval and limited disapproval of Rule 20.1 under CAA section 110(k)(3) and 301(a). Below, we discuss generally our evaluation of the submitted rules. The technical support document (TSD) included in the docket for this proposed rulemaking contains a more detailed analysis. We find that the submitted rules generally satisfy the NNSR and minor NSR requirements. The rules clearly identify the kinds of projects subject to review under the District’s program, include legally enforceable procedures 1 The SDAPCD has elected not to submit rules to satisfy requirements of the PSD program under part C of title I of the Act for major stationary sources in attainment areas at this time. Accordingly, the EPA is not evaluating whether this SIP submittal satisfies PSD program requirements at 40 CFR 51.166, and some portions of Rules 20.2–20.4 addressing major sources in attainment areas are excluded from the submittal. See Table 1. The EPA remains the PSD permitting authority in San Diego County. PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 29379 to ensure that construction will not violate the state’s control strategy or interfere with attainment or maintenance of the NAAQS, provide for public availability of relevant information, and meet other requirements of the minor NSR regulations at 40 CFR 51.160–164. In addition, the rules include the definitions, applicability procedures, and requirements for sources in nonattainment areas to obtain emission reduction offsets and comply with the lowest achievable emissions rate, as required by the NNSR regulations at 40 CFR 51.165. Rule 20.1 incorporates general regulatory requirements of the minor NSR program and definitions, applicability procedures, and requirements of the minor NSR and NNSR programs, while Rules 20.2, 20.3, and 20.4 apply applicable elements of the program to minor stationary sources, major stationary sources, and portable emission units, respectively. For more information about how the rules satisfy these requirements, see our 2018 conditional approval of the District’s minor NSR and NNSR program at 83 FR 50007 (October 4, 2018). The EPA has identified one deficiency in Rule 20.1(a) related to 40 CFR 51.160(a) and (b) and CAA section 173(a). The District revised Rule 20.1(a) to specify that the rule applies to a permit application based on the requirements in the rule as in effect on the date that the application is determined to be complete. By specifying the rule’s applicability based on the date of application completeness, this language may limit the APCO’s ability to ensure a source will comply with applicable NSR programs requirements at the time the permit is issued. Because of this deficiency, and our determination that other revisions to the rule conform to federal requirements, we are proposing a limited approval and limited disapproval of Rule 20.1. In order to correct this deficiency, we recommend that SDAPCD remove or revise the language added in the revised Rule 20.1(a). The TSD for this action contains additional detail regarding our determination and recommendation. The submitted rules comply with the substantive and procedural requirements of CAA section 110(l). With respect to the procedural requirements, based on our review of the public process documentation included with the submitted rules, we find that the SDAPCD has provided sufficient evidence of public notice and opportunity for comment and public hearings prior to submittal of this SIP revision and has satisfied these E:\FR\FM\15MYP1.SGM 15MYP1 jbell on DSKJLSW7X2PROD with PROPOSALS 29380 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Proposed Rules procedural requirements under CAA section 110(l). With respect to the substantive requirements of CAA section 110(l), we have determined that our approval of the submitted rules would strengthen the applicable SIP. The addition of public noticing requirement revisions, updates to the interpollutant offset procedures, and other changes to Rules 20.1–20.4 will not interfere with any applicable requirements of the CAA. Overall, the changes to Rules 20.1–20.4 better conform to the federal requirements. These changes will not interfere with the area’s ability to attain or maintain the NAAQS and will better align SDAPCD’s NSR program to the federal requirements. Accordingly, we are proposing to find that the revisions to Rules 20.1–20.4 are approvable under section 110(l). Similarly, we find that the submitted rules are approvable under section 193 of the Act because they do not modify any control requirement in effect before November 15, 1990 without ensuring equivalent or greater emission reductions. The submitted rules are otherwise consistent with criteria for the EPA’s approval of regulations submitted for inclusion in the SIP, including the requirement at CAA section 110(c)(2)(A) that submitted regulations be clear and legally enforceable. For the reasons stated above and explained further in our TSD, we find that the submitted NSR rules generally satisfy the applicable CAA and regulatory requirements for minor NSR and NNSR permit programs under CAA section 110(a)(2)(C) and part D of title I of the Act and other applicable requirements, subject to the one exception noted above where the EPA has identified a deficiency. This submittal also corrects the deficiencies described in our 2018 conditional approval of Rules 20.1–20.4 and Rule 20.6. If we finalize this action as proposed, our action will resolve the conditional approval of these rules, and will be codified through revisions to 40 CFR 52.220 (Identification of plan—in part) and 40 CFR 52.248 (Identification of plan—conditional approval). As described below, a final limited disapproval would also trigger a timeline for the State to submit a revised SIP, or else face sanctions under the CAA. C. Proposed Action and Public Comment As authorized in sections 110(k)(3) and 301(a) of the Act, the EPA is proposing full approval of Rules 20.2– 20.4, and a limited approval and limited VerDate Sep<11>2014 16:25 May 14, 2020 Jkt 250001 disapproval of Rule 20.1. We will accept comments from the public on this proposal until June 15, 2020. If finalized, this action would incorporate the submitted rules into the SIP, including those provisions identified as deficient. This approval is limited because EPA is simultaneously proposing a limited disapproval of the rule under section 110(k)(3). If finalized as proposed, our limited disapproval action would trigger an obligation on the EPA to promulgate a Federal Implementation Plan (FIP) unless the State corrects the deficiencies, and the EPA approves the related plan revisions, within two years of the final action. Additionally, because the deficiency relates to NNSR requirements under part D of title I of the Act, the offset sanction in CAA section 179(b)(2) would apply in San Diego County 18 months after the effective date of a final limited disapproval, and the highway funding sanctions in CAA section 179(b)(1) would apply in the area six months after the offset sanction is imposed. Neither sanction will be imposed under the CAA if the State submits and we approve, prior to the implementation of the sanctions, a SIP revision that corrects the deficiency that we identify in our final action. The EPA intends to work with the SDAPCD to correct the deficiency in a timely manner. Note that the submitted rule has been adopted by the SDAPCD, and the EPA’s final limited disapproval would not prevent the local agency from enforcing it. The limited disapproval would also not prevent any portion of the rule from being incorporated by reference into the federally enforceable SIP as discussed in a July 9, 1992 EPA memo found at: https://www.epa.gov/sites/production/ files/2015–07/documents/procsip.pdf. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the SDAPCD rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. C. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. E. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, will result from this action. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. G. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has E:\FR\FM\15MYP1.SGM 15MYP1 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Proposed Rules jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. jbell on DSKJLSW7X2PROD with PROPOSALS K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. Dated: May 1, 2020. John Busterud, Regional Administrator, Region IX. [FR Doc. 2020–09734 Filed 5–14–20; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:25 May 14, 2020 Jkt 250001 Air Plan Approval and Designation of Areas; KY; Redesignation of the Jefferson County 2010 1-Hour Sulfur Dioxide Nonattainment Area to Attainment Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: In a letter dated December 9, 2019, the Commonwealth of Kentucky, through the Kentucky Division of Air Quality (KDAQ) on behalf of the Louisville Metro Air Pollution Control District (LMAPCD), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Jefferson County sulfur dioxide (SO2) nonattainment area (hereinafter referred to as the ‘‘Jefferson County Area’’ or ‘‘Area’’) to attainment for the 2010 1hour SO2 primary national ambient air quality standard (NAAQS) and to approve an accompanying state implementation plan (SIP) revision containing a maintenance plan for the Area. EPA is proposing to determine that the Jefferson County Area has attained the 2010 1-hour SO2 NAAQS; to approve the SIP revision containing the Commonwealth’s plan for maintaining attainment of the 2010 1hour SO2 standard and to incorporate the maintenance plan into the SIP; and to redesignate the Jefferson County Area to attainment for the 2010 1-hour SO2 NAAQS. SUMMARY: Comments must be received on or before June 15, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2020–0003 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary DATES: List of Subjects in 40 CFR Part 52 Administrative practice and procedure, Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. [EPA–R04–OAR–2020–0003; FRL–10009– 11–Region 4] PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 29381 submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. Ms. Sanchez may be reached by phone at (404) 562–9644 or via electronic mail at sanchez.madolyn@epa.gov. SUPPLEMENTARY INFORMATION: I. What are the actions EPA is proposing to take? EPA is proposing to take the following three separate but related actions: (1) To determine that the Jefferson County Area has attained the 2010 1-hour SO2 NAAQS; (2) to approve Kentucky’s plan for maintaining the 2010 1-hour SO2 NAAQS in the Area through 2032 and incorporate it into the SIP; and (3) to redesignate the Jefferson County Area to attainment for the 2010 1-hour SO2 NAAQS. The Jefferson County Area is comprised of the portion of Jefferson County encompassed by the polygon with the vertices using Universal Traverse Mercator (UTM) coordinates in UTM zone 16 with datum NAD83 as follows: (1) Ethan Allen Way extended to the Ohio River at UTM Easting (m) 595738, UTM Northing 4214086 and Dixie Highway (US60 and US31W) at UTM Easting (m) 597515, UTM Northing 4212946; (2) Along Dixie Highway from UTM Easting (m) 597515, UTM Northing 4212946 to UTM Easting (m) 595859, UTM Northing 4210678; (3) Near the adjacent property lines of Louisville Gas and Electric-Mill Creek Electric Generating Station and Kosmos Cement where they join Dixie Highway at UTM Easting (m) 595859, UTM Northing 4210678 and the Ohio River at UTM Easting (m) 595326, UTM Northing 4211014; (4) Along the Ohio River from UTM Easting (m) 595326, UTM Northing 4211014 to UTM Easting (m) 595738, UTM Northing 4214086. The Area consists primarily of the Louisville Gas & Electric (LG&E) Mill Creek Generating Station (Mill Creek) and the area surrounding the monitor immediately north of that facility. Mill Creek is the only point source of SO2 emissions within the Jefferson County Area. E:\FR\FM\15MYP1.SGM 15MYP1

Agencies

[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Proposed Rules]
[Pages 29377-29381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09734]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0449; FRL-10008-59-Region 9]


Approval and Limited Approval and Limited Disapproval of 
California Air Plan Revisions; San Diego County Air Pollution Control 
District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing action 
on four permitting rules submitted as a revision to the San Diego 
County Air Pollution Control District (SDAPCD or ``District'') portion 
of the California State Implementation Plan (SIP). We are proposing a 
limited approval and limited disapproval of one rule and proposing 
approval of the remaining three rules. These revisions concern the 
District's New Source Review (NSR) permitting program for new and 
modified sources of air pollution under section 110(a)(2)(C) and part D 
of title I of the Clean Air Act (CAA). This action updates the SDAPCD's 
applicable SIP with revised rules that the District has amended to 
address deficiencies identified in a previous conditional approval 
action. We are taking comments on this proposal and plan to follow with 
a final action.

DATES: Comments must be received on or before June 15, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0449 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish

[[Page 29378]]

any comment received to its public docket. Do not submit electronically 
any information you consider to be Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sheila Tsai, EPA Region IX, Air-3-1, 
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3328 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Proposed action and public comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates 
when they were adopted by the SDAPCD and submitted by the California 
Air Resources Board (CARB), which is the governor's designee for 
California SIP submittals. These rules constitute part of the SDAPCD's 
current program for preconstruction review and permitting of new or 
modified stationary sources under its jurisdiction. The rule revisions 
that are the subject of this action represent an update to the SDAPCD's 
preconstruction review and permitting program and are intended to 
satisfy the requirements under part D of title I of the Act 
(``nonattainment NSR'' or ``NNSR'') as well as the general 
preconstruction review requirements under section 110(a)(2)(C) of the 
Act (``minor NSR'').

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                Rule No.                             Rule title                Adopted date      Submitted date
----------------------------------------------------------------------------------------------------------------
20.1...................................  New Source Review--General                06/26/2019         07/19/2019
                                          Provisions.
20.2 *.................................  New Source Review--Non-Major              06/26/2019         07/19/2019
                                          Stationary Sources.
20.3 *.................................  New Source Review--Major                  06/26/2019         07/19/2019
                                          Stationary Sources and PSD
                                          Stationary Sources.
20.4 *.................................  New Source Review--Portable               06/26/2019         07/19/2019
                                          Emission Units.
----------------------------------------------------------------------------------------------------------------
* The following paragraphs of the Rules 20.2-20.4 were not submitted to the EPA for inclusion in the San Diego
  SIP: Rule 20.2 paragraphs (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); Rule 20.3 paragraphs (d)(1)(vi),
  (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3); and Rule 20.4 paragraphs (b)(2), (b)(3), (d)(1)(iii),
  (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5).

    On August 6, 2019, the EPA determined that the submittal of the 
revised Rules 20.1, 20.2, 20.3, and 20.4 meets the completeness 
criteria in 40 CFR part 51 appendix V, which must be met before formal 
EPA review.

B. Are there other versions of these rules?

    The EPA conditionally approved Rules 20.1-20.4 into the SDAPCD 
portion of the California SIP in 2018, based on the District's 
commitment to adopt and submit revisions to address identified 
deficiencies within one year, consistent with the requirements at CAA 
section 110(k)(4) for conditional approval. 83 FR 50007 (October 4, 
2018). That action also included a conditional approval of Rule 20.6, 
and a full approval of Rules 11, 20, and 24. The conditionally approved 
versions of Rules 20.1-20.4 are identified below in Table 2.

                                           Table 2--SIP Approved Rules
----------------------------------------------------------------------------------------------------------------
                                                                                                Federal Register
                Rule No.                             Rule title             SIP approval date       Citation
----------------------------------------------------------------------------------------------------------------
20.1...................................  New Source Review--General                 10/4/2018        83 FR 50007
                                          Provisions.
20.2...................................  New Source Review--Non-Major               10/4/2018        83 FR 50007
                                          Stationary Sources.
20.3...................................  New Source Review--Major                   10/4/2018        83 FR 50007
                                          Stationary Sources and PSD
                                          Stationary Sources.
20.4...................................  New Source Review--Portable                10/4/2018        83 FR 50007
                                          Emission Units.
----------------------------------------------------------------------------------------------------------------

    If the EPA finalizes the action proposed herein, these rules will 
be replaced in the SIP by the submitted set of rules listed in Table 1. 
Additionally, as described below, the EPA's final approval of Rules 
20.1-20.4 will resolve our conditional approval of Rule 20.6.

C. What is the purpose of the submitted rule revisions?

    As noted above and described in further detail below, the submitted 
rules are intended to satisfy aspects of the minor NSR and NNSR 
requirements of section 110(a)(2)(C) and part D of title I of the Act, 
and related EPA regulations. Minor NSR requirements are generally 
applicable for SIPs in all areas, while NNSR requirements apply only 
for areas designated as nonattainment for one or more National Ambient 
Air Quality Standards (NAAQS). San Diego County is classified as a 
serious nonattainment area for the 2008 ozone standard and a moderate 
nonattainment area for the 2015 8-hour ozone standard. San Diego County 
is designated attainment or unclassifiable for all other NAAQS. See 40 
CFR 81.305. Therefore, in addition to

[[Page 29379]]

being subject to the requirements for minor NSR at section 110(a)(2)(C) 
of the Act, California is required to adopt and implement a SIP-
approved NNSR permitting program that applies to new or modified major 
stationary sources of ozone and ozone precursors within the San Diego 
County nonattainment area, under part D of title I of the Act.
    These rules were submitted to address deficiencies identified in 
the EPA's 2018 action to approve and conditionally approve updates to 
the SDAPCD's SIP-approved NSR permitting program. See 83 FR 50007 
(October 4, 2018). Additionally, the rules have been revised to include 
NOX and VOC applicability thresholds and offset ratios 
applicable to severe and extreme ozone nonattainment areas, and to 
incorporate federal requirements for interprecursor offsetting that 
were added in the EPA's Implementation Rule for the 2015 Ozone NAAQS. 
See 83 FR 62998 (December 6, 2018).

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    The EPA evaluated the submitted rules to determine whether they 
address the deficiencies identified in our 2018 conditional approval, 
and for compliance with applicable requirements of section 110(a)(2)(C) 
and part D of title I of the CAA and associated regulations at 40 CFR 
51.160-165, consistent with the District's current classification as a 
serious nonattainment area for the 2008 ozone standard and a moderate 
nonattainment area for the 2015 8-hour ozone standard. We have also 
reviewed the rules for consistency with other CAA general requirements 
for SIP submittals, including requirements at section 110(a)(2) 
regarding rule enforceability, and requirements at sections 110(l) and 
193 for SIP revisions.
    Section 110(a)(2)(C) of the Act requires each SIP to include a 
program to regulate the modification and construction of any stationary 
source within the areas covered by the SIP as necessary to assure 
attainment and maintenance of the NAAQS. The EPA's regulations at 40 
CFR 51.160-51.164 provide general programmatic requirements to 
implement this statutory mandate. These requirements, commonly referred 
to as the ``minor NSR'' or ``general NSR'' program, apply to both major 
and non-major stationary sources and modifications and in both 
attainment and nonattainment areas, in contrast to the specific 
statutory and regulatory requirements for the prevention of significant 
deterioration (PSD) \1\ and NNSR permitting programs under parts C and 
D of title I of the Act that apply to major sources in attainment and 
nonattainment areas, respectively.
---------------------------------------------------------------------------

    \1\ The SDAPCD has elected not to submit rules to satisfy 
requirements of the PSD program under part C of title I of the Act 
for major stationary sources in attainment areas at this time. 
Accordingly, the EPA is not evaluating whether this SIP submittal 
satisfies PSD program requirements at 40 CFR 51.166, and some 
portions of Rules 20.2-20.4 addressing major sources in attainment 
areas are excluded from the submittal. See Table 1. The EPA remains 
the PSD permitting authority in San Diego County.
---------------------------------------------------------------------------

    Part D of title I of the Act, and the implementing regulations at 
40 CFR 51.165, contain the NNSR program requirements for major 
stationary sources and major modifications (as those terms are defined 
at 40 CFR 51.165) at facilities that are located in a nonattainment 
area and are major sources for the pollutants for which the area has 
been designated nonattainment.
    Section 110(a)(2)(A) of the Act requires that regulations submitted 
to the EPA for SIP approval must be clear and legally enforceable. 
Section 110(l) of the Act prohibits the EPA from approving any SIP 
revisions that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (RFP) or any 
other applicable requirement of the CAA. Section 193 of the Act 
prohibits the modification of a SIP-approved control requirement in 
effect before November 15, 1990 in a nonattainment area, unless the 
modification ensures equivalent or greater emission reductions of the 
relevant pollutant(s). With respect to procedures, CAA sections 110(a) 
and 110(l) require that a state conduct reasonable notice and hearing 
before adopting a SIP revision.

B. Do the rules meet the evaluation criteria?

    With the exception noted below, the EPA finds that the submitted 
rules generally satisfy the applicable CAA and regulatory requirements. 
Accordingly, we are proposing a full approval of Rules 20.2-20.4 and a 
limited approval and limited disapproval of Rule 20.1 under CAA section 
110(k)(3) and 301(a). Below, we discuss generally our evaluation of the 
submitted rules. The technical support document (TSD) included in the 
docket for this proposed rulemaking contains a more detailed analysis.
    We find that the submitted rules generally satisfy the NNSR and 
minor NSR requirements. The rules clearly identify the kinds of 
projects subject to review under the District's program, include 
legally enforceable procedures to ensure that construction will not 
violate the state's control strategy or interfere with attainment or 
maintenance of the NAAQS, provide for public availability of relevant 
information, and meet other requirements of the minor NSR regulations 
at 40 CFR 51.160-164. In addition, the rules include the definitions, 
applicability procedures, and requirements for sources in nonattainment 
areas to obtain emission reduction offsets and comply with the lowest 
achievable emissions rate, as required by the NNSR regulations at 40 
CFR 51.165. Rule 20.1 incorporates general regulatory requirements of 
the minor NSR program and definitions, applicability procedures, and 
requirements of the minor NSR and NNSR programs, while Rules 20.2, 
20.3, and 20.4 apply applicable elements of the program to minor 
stationary sources, major stationary sources, and portable emission 
units, respectively. For more information about how the rules satisfy 
these requirements, see our 2018 conditional approval of the District's 
minor NSR and NNSR program at 83 FR 50007 (October 4, 2018).
    The EPA has identified one deficiency in Rule 20.1(a) related to 40 
CFR 51.160(a) and (b) and CAA section 173(a). The District revised Rule 
20.1(a) to specify that the rule applies to a permit application based 
on the requirements in the rule as in effect on the date that the 
application is determined to be complete. By specifying the rule's 
applicability based on the date of application completeness, this 
language may limit the APCO's ability to ensure a source will comply 
with applicable NSR programs requirements at the time the permit is 
issued. Because of this deficiency, and our determination that other 
revisions to the rule conform to federal requirements, we are proposing 
a limited approval and limited disapproval of Rule 20.1. In order to 
correct this deficiency, we recommend that SDAPCD remove or revise the 
language added in the revised Rule 20.1(a). The TSD for this action 
contains additional detail regarding our determination and 
recommendation.
    The submitted rules comply with the substantive and procedural 
requirements of CAA section 110(l). With respect to the procedural 
requirements, based on our review of the public process documentation 
included with the submitted rules, we find that the SDAPCD has provided 
sufficient evidence of public notice and opportunity for comment and 
public hearings prior to submittal of this SIP revision and has 
satisfied these

[[Page 29380]]

procedural requirements under CAA section 110(l).
    With respect to the substantive requirements of CAA section 110(l), 
we have determined that our approval of the submitted rules would 
strengthen the applicable SIP. The addition of public noticing 
requirement revisions, updates to the interpollutant offset procedures, 
and other changes to Rules 20.1-20.4 will not interfere with any 
applicable requirements of the CAA. Overall, the changes to Rules 20.1-
20.4 better conform to the federal requirements. These changes will not 
interfere with the area's ability to attain or maintain the NAAQS and 
will better align SDAPCD's NSR program to the federal requirements. 
Accordingly, we are proposing to find that the revisions to Rules 20.1-
20.4 are approvable under section 110(l).
    Similarly, we find that the submitted rules are approvable under 
section 193 of the Act because they do not modify any control 
requirement in effect before November 15, 1990 without ensuring 
equivalent or greater emission reductions.
    The submitted rules are otherwise consistent with criteria for the 
EPA's approval of regulations submitted for inclusion in the SIP, 
including the requirement at CAA section 110(c)(2)(A) that submitted 
regulations be clear and legally enforceable.
    For the reasons stated above and explained further in our TSD, we 
find that the submitted NSR rules generally satisfy the applicable CAA 
and regulatory requirements for minor NSR and NNSR permit programs 
under CAA section 110(a)(2)(C) and part D of title I of the Act and 
other applicable requirements, subject to the one exception noted above 
where the EPA has identified a deficiency. This submittal also corrects 
the deficiencies described in our 2018 conditional approval of Rules 
20.1-20.4 and Rule 20.6. If we finalize this action as proposed, our 
action will resolve the conditional approval of these rules, and will 
be codified through revisions to 40 CFR 52.220 (Identification of 
plan--in part) and 40 CFR 52.248 (Identification of plan--conditional 
approval). As described below, a final limited disapproval would also 
trigger a timeline for the State to submit a revised SIP, or else face 
sanctions under the CAA.

C. Proposed Action and Public Comment

    As authorized in sections 110(k)(3) and 301(a) of the Act, the EPA 
is proposing full approval of Rules 20.2-20.4, and a limited approval 
and limited disapproval of Rule 20.1. We will accept comments from the 
public on this proposal until June 15, 2020. If finalized, this action 
would incorporate the submitted rules into the SIP, including those 
provisions identified as deficient. This approval is limited because 
EPA is simultaneously proposing a limited disapproval of the rule under 
section 110(k)(3).
    If finalized as proposed, our limited disapproval action would 
trigger an obligation on the EPA to promulgate a Federal Implementation 
Plan (FIP) unless the State corrects the deficiencies, and the EPA 
approves the related plan revisions, within two years of the final 
action. Additionally, because the deficiency relates to NNSR 
requirements under part D of title I of the Act, the offset sanction in 
CAA section 179(b)(2) would apply in San Diego County 18 months after 
the effective date of a final limited disapproval, and the highway 
funding sanctions in CAA section 179(b)(1) would apply in the area six 
months after the offset sanction is imposed. Neither sanction will be 
imposed under the CAA if the State submits and we approve, prior to the 
implementation of the sanctions, a SIP revision that corrects the 
deficiency that we identify in our final action. The EPA intends to 
work with the SDAPCD to correct the deficiency in a timely manner.
    Note that the submitted rule has been adopted by the SDAPCD, and 
the EPA's final limited disapproval would not prevent the local agency 
from enforcing it. The limited disapproval would also not prevent any 
portion of the rule from being incorporated by reference into the 
federally enforceable SIP as discussed in a July 9, 1992 EPA memo found 
at: https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the SDAPCD rules described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials available 
through www.regulations.gov and at the EPA Region IX Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, will 
result from this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has

[[Page 29381]]

jurisdiction, and will not impose substantial direct costs on tribal 
governments or preempt tribal law. Thus, Executive Order 13175 does not 
apply to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

List of Subjects in 40 CFR Part 52

    Administrative practice and procedure, Environmental protection, 
Air pollution control, Carbon monoxide, Incorporation by reference, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 1, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-09734 Filed 5-14-20; 8:45 am]
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